Local and National Advocates File Federal Class Action Lawsuit Against Oklahoma State Officials to Reform Child Welfare System

Complaint details ongoing failure to protect children in state custody from severe abuse and neglect

TULSA, OK Outlining a decade-long slide into disrepair and across-the-board failure to protect children in state custody from often extreme abuse and neglect, the national child advocacy group Children’s Rights has joined four Oklahoma law firms and the international firm Kaye Scholer in filing a federal class action today seeking top-to-bottom reform of Oklahoma’s child welfare system on behalf of the more than 10,000 children placed in its care.

The lawsuit, known as D.G. v. Henry, charges Oklahoma’s Department of Human Services (DHS) with violating the constitutional rights of children by routinely placing them in unsafe, unsupervised, and unstable situations in which many suffer further abuse—and some die—due to the department’s longstanding failure to correct widespread problems that prevent it from providing adequate care and protection.

“Oklahoma has long maintained one of the most dangerous and badly mismanaged child welfare systems in the nation, and thousands of children have suffered under nightmarish conditions for years as a result,” said Marcia Robinson Lowry, executive director of Children’s Rights. “It is disgraceful that we have to seek a federal court order to force the state to begin fixing problems that it should have addressed many years ago. But it is clear that this is the only way to protect Oklahoma’s abused and neglected children—and that is what this lawsuit is about.”

The lawsuit names nine children as plaintiffs to represent the class. They range in age from four months to 16 years and share a history of suffering in DHS placements. They include:

A 10-month-old girl who has been moved more than 16 times between grossly inappropriate placements, including one in which her skull was fractured through severe physical abuse and another where neglect led to her suffering life-threatening dehydration and seizures.
A five-year-old boy who, in just 12 months in state custody, has been moved through nine placements, including four emergency shelters in four different counties.
A 13-year-old girl who entered foster care after she was sexually abused, suffered further sexual assaults in a DHS facility, and has been denied necessary treatment for the psychological trauma she continues to experience.
Noting that pernicious problems in DHS’s treatment of foster children have been documented continually for at least 10 years in reports issued by the federal government and the state of Oklahoma itself, the lawsuit asks the U.S. District Court for the Northern District of Oklahoma to permanently enjoin the state from subjecting plaintiff children to practices that violate their rights—and to order remedial relief for a host of serious problems. Among the charges:

Children are abused and neglected in DHS custody at a very high rate. For the past five years, Oklahoma’s rate of maltreatment of children in foster care has been among the three worst in the nation—and in two years it was the worst. Children in DHS custody are subjected to physical violence, sexual abuse, and extreme neglect—sometimes at the hands of the staff at DHS facilities—at rates more than four times the national norm and, at times, exceeded rates of abuse and neglect in the general population of Oklahoma.
DHS places children in unsafe homes and overcrowded, understaffed emergency shelters. Because DHS has failed for years to maintain an adequate number of foster families who can take in children removed from abusive homes, the children are placed wherever a bed is available. The department routinely places children, including infants and toddlers, in overcrowded emergency shelters—intended, as their name suggests, only for short-term stays—for as long as six months. Other children get placed in unsafe group homes, where staff members lack adequate training and fail to provide necessary supervision. Still others are placed with inappropriate foster families who have not undergone background checks for criminal and child abuse offenses.
DHS bounces children from one unstable foster placement to another. Recent state data shows that 34 percent of Oklahoma’s children in foster care have been moved through four or more placements during their time in state custody, and 17 percent—almost 2,000 children—have gone through six or more. Many siblings who enter foster care together get separated from each other and denied any contact at all. These frequent moves further compound the trauma of being removed from an abusive or neglectful home and take a severe toll on children’s health and well-being.
The lawsuit ties DHS’s inability to protect children from abuse in state custody to longstanding problems in its management and infrastructure, including:

Excessive caseloads and turnover among DHS workers. National standards limit caseloads to 12 to 15 children per caseworker. DHS routinely assigns its employees more than 50 children each, and some carry caseloads of more than 100 children. The excessive burden limits workers’ ability to adequately monitor the children for whom they are responsible—and contributes to high turnover rates that lead, in turn, to an inexperienced workforce.
Dangerous monitoring and oversight practices. National standards of good practice and DHS’s own policies require caseworkers to visit children in foster care placements at least once per month (and once a week if children are placed in emergency shelters). Due to excessive caseloads, DHS caseworkers routinely fail to visit children in foster placements for as long as six months at a time. The department also routinely approves foster placements in homes that have serious safety issues and with families that have not been adequately checked for criminal and child abuse offenses. These failings are compounded by DHS’s failure to thoroughly investigate allegations of abuse and neglect and place children at serious risk of suffering abuse and neglect in DHS custody.
Insufficient efforts to develop and maintain an adequate pool of foster care placements. Despite being on notice for years of a drastic shortage of foster homes and other appropriate placements, DHS has not taken even the most basic steps necessary to correct the problem. The department’s failure to provide foster parents with adequate reimbursement for the cost of providing for the basic needs (including food and clothing) of children in foster care exacerbates the issue. Oklahoma’s basic rate—which amounts to less than $12 per day—falls far short of the real cost of caring for foster children and contributes to the shortage of available homes.
“DHS has subjected all too many foster children to appalling treatment, even though advocates throughout the state have been calling for reform for years,” said Tom Seymour, attorney with Seymour & Graham of Tulsa. “With this lawsuit, we are asking the federal courts to correct the constitutional injustices meted out to our most sacred assets, which are this state’s children.”

Children’s Rights and Seymour & Graham are joined in representing the plaintiffs in D.G. v. Henry by the Oklahoma firms of Frederic Dorwart Lawyers; Doerner, Saunders, Daniel & Anderson; Day, Edwards, Propester & Christensen; and the international law firm Kaye Scholer.


“Although this case focuses on Oklahoma, the problems it highlights in the treatment of abused and neglected children represent a national crisis,” said litigation associate Mark Beckman of Kaye Scholer. “We are proud to stand with Children’s Rights and the attorneys and advocates of Oklahoma in bringing these issues to light and beginning the process of reform.

# # #

Children’s Rights is a national watchdog organization advocating on behalf of abused and neglected children in the United States. Since 1995, Children’s Rights has used legal action and policy initiatives to drive lasting reform in child protection, foster care, and adoption.

Seymour & Graham LLP handles trials and appeals in cases involving civil rights, complex business matters and white collar criminal defense. The firm obtained the largest verdict in the United States for wrongful imprisonment and was class counsel for three years in the $311 million settlement of In re Williams Securities Litigation.

Frederic Dorwart, Lawyers, engages principally in complex business transactions and litigation. Additional information is available at FDLaw.com - Frederic Dorwart, Lawyers - Tulsa, Oklahoma (http://www.fdlaw.com/).

Day, Edwards, Propester & Christensen PC’s clients include not only Oklahoma’s most successful commercial enterprises, but also some of the nation’s largest securities and financial firms. The firm always serves as a problem solver for its clients, seeking creative and effective business and legal solutions, whether in or out of court.

Doerner, Saunders, Daniel & Anderson LLP is a 51-lawyer firm with offices in Tulsa and Oklahoma City, Oklahoma. Doerner Saunders is one of the oldest law firms in Oklahoma with its origin predating statehood. The firm’s attorneys have a long history of community involvement in children’s issues. Additional information is available at Law Firm Doerner, Saunders, Daniel & Anderson, L.L.P. Attorneys Tulsa, Oklahoma Lawyers (http://www.dsda.com/).

Kaye Scholer refers to Kaye Scholer LLP and its affiliates, with offices in New York, Chicago, Frankfurt, London, Los Angeles, Shanghai, Washington, D.C., and West Palm Beach. The firm’s 500 attorneys represent public and private companies, governmental entities, financial institutions, and other organizations in matters around the world. Additional information is available at Kaye Scholer (http://www.kayescholer.com).

I think it is really sad that it takes an outside agency to come into Oklahoma on behalf of our children. What is wrong with our leaders???

This is all we have been hearing about for years now. DHS has had plenty of time to clean up this mess but all we hear from them is "we can't speak because of confidentiality". They put a few band aids on and expect us to be satisfied. In the meantime CHLDREN ARE DYING!!!

I am in full support of this lawsuit. If it means protection for our kids then lets get going. I'm sure it will take awhile to get it all done but at least we are moving in a positive direction.

As for the money it is going to cost.....aren't our children worth it? We don't have a problem raising taxes to bring in a pro basketball team. I'm not against that I just think if we can do that we can take care of our kids.

If DHS would just admit there is a problem, which is so obvious and they know it, and sit down and work with these attorneys things would go such much faster and smoother. AND CHEAPER. THEY will be the ones creating the financial end of it because they will fight this all the way. My prediction only. Lets wait and see.

What does everyone else think about this?

Hello- I am new to this forum. I am the Vice president of Kelsey's Purpose Society. We are hosting our KP Kickoff at the Capitol on Thursday, Feb 21 at 1 pm. We will rally on the 1st Floor Rotunda. We are having various speakers from different agencies around the state come and speak about what they do for abused and neglected children.

As concerned citizens of Oklahoma and as child child advocates, we are here to make a difference in the lives of foster children.

Please join us. You will not want to miss this event.

For more info go to Kelsey's Purpose (http://www.kelseyspurpose.org).

Thank you and I am glad I found this forum.

IMHO, the DHS has long been one of the most corrupt organizations in Oklahoma state government. The problem is how do you "fix" the situation?

Do you turn the DHS into a militant organization that starts grabbing kids for any and all reasons whatsoever just to increase the stats that say they are "doing" something? Do you just give everyone a blanket increase of, say, $100 per kid (never mind where it comes from) and say we've "done" something?

I don't think the system is easily fixed just because a lawsuit is filed. This system has been in place a long, long time, and I don't think it will be fixed overnight. I also want kids placed in safe, loving homes, but I also want loving, good parents left alone by the state.

Very difficult waters to tread.

-Soonerdave

A big part of DHS's problem, in my opinion, is that it has historically considered its only real problem to be 'bad press.' Or, to put it another way: at DHS, if a situation isn't in the papers, it isn't a situation.

The problems at DHS are dizzying. I am a keen observer and duly note the following: The Oklahoman NEVER EVER -- I MEAN NEVER EVER -- will criticize Howard Hendrick, Director of DHS. They will print the bad news about the agency, but never be evaluative of Hendrick. (Except to praise him. Even during the Kelsey/Kelsie?? trial/tragedy.)

Hendrick is a true statesman, and that's why. Forgive the cliche, but he is a man among men. He was a well-respected State Senator when I suppose terms limits cut short his public service career. Keating appointed him to the nightmare job, and Henry, a DEM, kept him. (Noone else wanted it.)

I would like to see The Oklahoman write about some of Hendrick's successes over the past several years. Now, that would take some courage.

There are few men in this town of the caliber of Howard Hendrick. I think (in my humble opinion) he is the most UNDERVALUED resource and asset in state government. He will NEVER EVER -- I MEAN -- NEVER EVER -- end up on the front page of the paper wearing a black shirt and black tie (State Gangsta-Auditor) or stand accused of public drunkeness (Labor Commissioner)

Egads. Bring back Patrick McG. and Brenda............

HATS off to the Oklahoman for NOT using their barrels of ink to attack this easy target.

There's my soliloquy. And, no, I don't work for the guy. He wouldn't know who I am if I walked up and told him.

You probably work for the DHS and are married to him.

I kid. I kid.

I'm confused. Are you sarcastically accusing the Oklahoman of protecting a bad guy, or do you really think he's... wow. I just don't know.

I'm confused, too... At first it sounded like you were critical of the paper for not reporting on scandals or such involving him, but then you go on to praise the guy.

I am tired of seeing the faces of children plastered on our newscasts because someone didn't take care of them. It is outrageous to see the cases where DHS was involved, then turned the other cheek. Don't get me wrong, we do have some good workers. But for there are some that are performing less than satisfactorily. I have heard numerous times that if you stand up to this agency, you'll quickly find yourself demoted or terminated. Why is it that an agency where the children are supposed to come first, retaliates against those who are trying to do good? When did this become more about powerplay than about the children the agency was designed to protect? It would be incredible to say "our children are safe, we don't need DHS." But the facts are there folks--

1996:
Abuse and neglect allegations reported to OKDHS: 44,879
Confirmed abuse: 11,646

1997:
51,001 situations reported to OKDHS
Confirmed Abuse: 13,627

This from the 2001 Kids Count Factbook:
Child abuse and neglect is maintaining its record high rates. Today, Oklahoma's rate of confirmed child abuse and/or neglect (17.7 confirmations per 1,000 children) is close to double what it was in the mid-1980's (9.0 confirmations per 1,000 children). Such rates also worsened in almost every (71 of 77) Oklahoma county during the same period.

Fiscal Year 2002 - Fiscal Year 2003
62,711 situations reported to OKDHS
Average of approximately 13,000 cases of abuse confirmed each year

These are just a few of the numbers. Notice how the numbers are creeping up. Would someone please explain to me how this is acceptable? Apparently what we are doing as a state is NOT working.

You can read the official Kids Count reports here: Oklahoma Department of Libraries - Kids Count Factbooks (http://www.odl.state.ok.us/kids/factbook/)

Our state HAS to figure out a way to keep our children safe. If it takes a lawsuit to wake up the leaders in our state, then so be it. When the people of this state scream loudly enough and are ignored, something has to give. I am personally thankful that Children's Rights has listened and has chosen to help improve our system. Oklahoma should be a model for other states--not the model of "what not to do."

I am a new member to this group and was curious about this thread. I read the Oklahoman nearly every day. There have been some frightening stories about children being abused, some have even died, and they were under some type of DHS supervision. Some stories were about really bad day care situations. It does make me curious how an educated man like Mr. Hendrick would not get to the root of the problem from the beginning and keep those kind of things from repeating themselves. He may be a very good, decent man with a hard job. But isn't his job first and foremost to keep the children safe?

Sorry for the rather confusing post. I agree. It lacked clarity. I am praising Hendrick. And, I am praising The Oklahoman.

But, I must admit, maybe even a veteran lawmaker, devout Christian and brilliant attorney like Hendrick can not solve the nightmare that is DHS. I have friends who work for DHS though. They're wonderful Oklahomans, and it must be terrible for their morale to go through this.

I do think I was making an elusive point; however. That point is that Hendrick has not come under direct fire from the Oklahoman. I think virtually any other agency head under similar circumstances would have. And, I propose that it is not a brilliant PR machine behind Hendrick that has achieved this. Hendrick is a godly man.

I think, sometimes, the Oklahoman has attacked people unfairly. But, they are loyal to Hendrick, which in this case, I think is warranted. Hendrick cannot be blamed for what is broken at DHS. What is broken at DHS is what is broken in Oklahoma.

It's horrible that in order for ppl to finally see what life is like for many OKlahoma children that outsiders had to come in and shake things up. The biggest problem ppl are having with this lawsuit is that to get the changes we need to get done it's gonna cost money, well before you go alll out for a pro bball team...let's help our kids.

I too am tired of seeing the faces of our children plastered across the news b/c their lives have been cut short due to the failure of the adults who were suppose to protect them. First and foremost failing these kids are their parents and they need to be held fully accountable. Once DHS, the police, etc come into the picture it is up to our state to protect our youngest citizens. These kids have rights just like everyone else, they aren't old enough to exercise those rights but does that mean they have none? If I were to treat my livestock the way some parents treat thier kids, I would be fined, have my animals removed from my property and face possible jail time.....now why aren't the children thought of in the same regard.

Anyone can see that what is currently in place is not working, our child death rate to abuse climbs each year or Oklahoma would not hold that shameful title. We need changes and we needed them years ago. If Howard Hendricks was such a great man then why isn't he on camera each week talking to us, how come a average joe citizen can't speak to him? how many ppl in our state don't even know what he looks like cause he's always in hiding? Yes he has a tough job and would seem to some to be an easy target BUT when your job is protecting children and it's too big, you ask for help, you do whatever it takes to do better. You don't send out your spokespeople to say there's no problem.

Yes there is a problem and yes it needs fixed, the biggest question now is HOW? How do you get ppl who aren't fit to be parents to stop having kids? How do you make sure that those children who are born into abusivie homes are kept safe? We need accountability to those in positions where children's lives are at stake.

What if Kelsey Briggs would have been the one to cure cancer? What if Logan Tucker could have came up w/ a renewable energy source so our country wasn't dependant on outside help for fuel? We will never know cause these kids never got a chance, DHS was involved in both of their lives and with thier current system could not save them. Does that tell anyone there is a problem? Kelli Brewer was a 2yr old who had DHS in her life as well and she died at age 2, ...would have's, could have's, should have's....these are children....if they were yours would you still be bragging about the good job of Hendricks?

I challenge anyone who thinks that DHS is running at the best possible capacity to learn about these kids who died, they are more than just a number, learn about them...then call thier families and tell them you think DHS is so great and doing wonderful things.

Sorry for the long post, and thank you for giving me a chance to express my feelings on this subject.

The main problem here?

$$$$

DHS has a legislative liason, but they don't have lobbyists to wine and dine government officials. That is why they have been historically critically underfunded.

High turnover rates among DHS workers? Of course! Many states require social workers to have a relevant degree, some even require a Master's degree to be a social worker. Oklahoma? A bachelor's in underwater basketweaving qualifies you for a nightmare of a job making $25K/year with up to six times the caseload of what the average social worker in the U.S. would have.

Which is more important? The welfare of our most vulnerable citizens? Or roads and bridges (some in the middle of nowhere)? Or state parks? Or protecting the wholesale liquor monopoly? Or finding clandestine marijuana crops? Or massive tax credits to telecommunications companies? The legislature has obviously been choosing poorly.

Write/call/email your representative/senator -- let them know how important this issue is to you.

(oh, and the Briggs story, I think is off base, her natural mother was responsible for what happened to her... as I recall, DHS strenuously objected to the judge's ruling)

I fully support this lawsuit. I have a hard time with the fact that the statistics have spoken for themselves for a very long time, and it has taken the filing of this lawsuit from a concerned outside source for our state reps to stand up and take notice and finally do something! NOW they want to write bills. Too little...too late.

People are screaming that this is going to cost too much; well the innocent abused children in the state of Oklahoma are screaming that it is costing them too much to not proceed. They are being beaten, tortured, sexually assaulted and dying and the numbers keep growing. Help them. Help us to help them. Support this lawsuit. Let's fix what is broken in our system and save and protect the innocence of Oklahoma...our children!

I fully support the Class Action Lawsuit. Our Officials have had every chance to make changes within DHS. They've chosen to turn their heads and ignore that children are being tortured.....children are dying. Oklahoma now ranks in the TOP of the Nation for children who have died while in the DHS system. Is that something to be proud of? I hate hearing that yet another child has been killed. ONE child is too many. The people that have the control to insist that DHS be re-vamped have said "I have no control" or "I can't do that". They push for teachers to be paid more and have more benefits. Yet, without children, what good are teachers? It's time that someone outside of Oklahoma comes in and MAKES DHS be held accountable. Oklahoma spent how many thousands of dollars on the Centinneal celebration, while children in Oklahoma were raped, tortured and abused daily. It's time that someone comes in that is for the CHILDREN. It's time that someone puts our CHILDREN FIRST!

I would also like to challenge anyone that thinks DHS is doing a good job. FIND OUT ABOUT THESE CHILDREN who are dying. As NWOKIE posted they ARE MORE than just a number. Children ARE THE FUTURE! It's time to STAND up and be heard and DEMAND changes. It's time to stand beside the Childrens Rights group and FIGHT for our children.

I don't know Howard Hendrick, but I can't understand how being a state senator, or a CPA or attorney, qualifies someone to be the administrator of an agency the size of DHS.

But this has always been a problem. The state senate always wants to give department head positions to cronies who have either retired from politics or have been voted out of office.

bornhere, perhaps the position should have gone to a person who ran a successful business for a few decades .... oh wait, it did.

Howard wouldn't remember me, it's been way too many years. We've not spoken but once since he took on the hornet's nest of an agency, and we were simply acquainted before that, not friends, not even in the same general circles.

What I do know of him though, foia nailed it. I've never been easily impressed, but he is an exception and I wish him daily strength to go forward and make a difference in that agency.

I support this as well. Something has to be done. I wonder how much money OK will have to spend in defense, money that the DHS needs? ( Maybe it doesn't work that way, but I'm sure there will be a great monetary loss).

It's not just Oklahoma though.. unfortunately, any joeblow idiot can pop out a kid.

I think that is where much of the problem lies, lack of parental (sex) education, outdated discipline beliefs, lack of family support and involvement, kids having kids, drugs etc etc..

Like someone said the problem with DHS has a lot to do with the problems of Oklahoma.. poverty and not enough focus on parenting skills.

We used to do foster care in CA for abused and neglected kids.

Midtowner is right when it comes down to money.

What the system pays parents to care for these kids is peanuts. If you decide to be a foster parent, never do it for the money. You'll be lucky to break even and most likely owe more than you started with.

My nephew was taken from my sister when he was 1 because of a fight between her and his father and they were both on drugs at the time.

I was absolutely horrified to think my nephew was with strangers, without his family, his teddy bear.... 20 years later, it still brings tears to my eyes. We got him back quickly and he lived with us but I vowed to try to be the person that a baby taken away from his parents could come to.

It wasn't that easy.

I burned out when the reality hit. We did it for about 6 years off and on and had various children but looking back, it was so difficult.

The one thing about DHS is that there is a fine line between trying to support the foster parents and family and the natural parents all while keeping the best interests of the child front and foremost.

CA did throw a lot of money towards the welfare of the kids but it ended up being so restricting and invasive to our family that after a ahile we couldn't take it any longer.

We had to schedule our lives (and provide all transportation) around endless visits with their divorced (abusive) parents and family members, counseling appts, social workers coming to our home three times a week, couldn't take the kids camping or go ourselves because their mom decided she wanted to see them that weekend, etc etc.. half the time she never showed up. Christmas mornings, had to take the kids to their mom's house before 7:00 so they could open presents early ( an hour drive) and our child had to sit in the car waiting to open his .....little things like that made us realize that we weren't in the right time of our lives to do this sort of service.

The rules were endless, never could leave the kids with anyone who wasn't trained by the state and licensed, meds under lock and key, weekly inspections, endless paperwork.... it was horrible.

We had a small son at the time and we had to decide that at this point in our lives, we just couldn't subject our family to these limitations and restrictions.

Anyway, after a year with these two girls, they went back to druggie mom and they all went right back to their old ways, doing drugs together etc etc.. they are all screwed up. I don't think it did any good at all. ( Except I got the older one free braces).

Anyway, I can't imagine OK offering the resources that these kids were given.... endless free services, medical, counseling, clothing, caseworker after caseworker reviewing their situation... all for naught.

Yes, they were safe and free from abuse with us for the time being but I don't know that it was really anything they got out of the whole experience. Kids are always resentful of being taken out of their home, no matter how bad it is.

So, yes DHS has a fine line to walk and it isn't easy .... but the children have to be protected from abuse.

I've often thought of what it is that could be done to improve the situation.

In all honesty, I wish we could get to the root of the problem and make it harder for people to have kids to begin with.

Maybe an outside agency will be able to make some strides towards the repair of the system.

I fully support the Class Action Lawsuit. Our Officials have had every chance to make changes within DHS. They've chosen to turn their heads and ignore that children are being tortured.....children are dying. Oklahoma now ranks in the TOP of the Nation for children who have died while in the DHS system. Is that something to be proud of? I hate hearing that yet another child has been killed. ONE child is too many. The people that have the control to insist that DHS be re-vamped have said "I have no control" or "I can't do that". They push for teachers to be paid more and have more benefits. Yet, without children, what good are teachers? It's time that someone outside of Oklahoma comes in and MAKES DHS be held accountable. Oklahoma spent how many thousands of dollars on the Centinneal celebration, while children in Oklahoma were raped, tortured and abused daily. It's time that someone comes in that is for the CHILDREN. It's time that someone puts our CHILDREN FIRST!

I would also like to challenge anyone that thinks DHS is doing a good job. FIND OUT ABOUT THESE CHILDREN who are dying. As NWOKIE posted they ARE MORE than just a number. Children ARE THE FUTURE! It's time to STAND up and be heard and DEMAND changes. It's time to stand beside the Childrens Rights group and FIGHT for our children.

You know... there are things you can do other than writing posts full of bolded and underlined text.

Call someone.

Write a letter.

Write an email.

Do something.

Don't expect a lawsuit to be able to settle everything. From a strict conservative judicial standpoint, questions like these are something we call 'nonjusticiable' because it's up to the legislature, not the courts to decide what is good and what is evil. It's also up to the legislature to decide how much money goes to different government agencies.

A lawsuit is not the answer. The answer is this: Political activism among the people, letting legislators know that if they do not fix this problem, they'll need to update their resume come election time.

So again, do something, quit expecting others to do something. If you believe so strongly in this, if you're not currently doing something, you are not part of the solution, you're part of the problem.

Midtowner, I understand you don't know who you are addressing, and I won't tell you, that is up to Terri to explain to you who she is. But I will tell you that I know who Terri is, and she has done so much more than you know in trying to get changes in our broken system. She HAS called someone, wrote more letters than you can imagine, and sent email after email after email to everyone, from DHS, Howard Hendrick, state reps, to Govenor Henry, and you know what? She still lost a child from her family under DHS supervision. She has "done something". And no one will DO ANYTHING.
With all due respect to your "judicial standpoint", this lawsuit IS the answer!! And yes, I'm making some of my text bold, because you know what? We have tried and tried to get someone to stand up to the plate and do something about what is going on in our state to the innocent children in Oklahoma, and guess what? NO ONE has responded,... that is until Children's Rights rode into town! Does it not bother you where our wonderful state ranks in child deaths due to abuse/neglect, while under the watchful eye of DHS and their director Howard Hendricks?
Every year we are losing more children in the US, to the war of abuse than we are our soldiers fighting in the war in Iraq. Does that shock you? Sadden you? It should!
Oklahoma has had their chance to do something, and ignored the pleas of citizens to make changes, and the cries of the children who are dying at an alarming rate...and still no response.
Let me share with a speech given yesterday at the Capitol by Kathie Briggs, the late Kelsey Briggs' grandmother...

"As the mother of a soldier that fought in Iraq I am sickened by each fatality. When the death toll reached 1,000 our nation gasped and rightfully so.

But....there is another war that few talk about right here on American soil. These tiny soldiers are not trained, they are not armed, and they did not sign up to fight. Their enemy is often a family member or caregiver. Child abuse and neglect is a growing epidemic in our country.

According to the most current statistics, in 2004 we lost 849 soldiers in the Iraq war. That same year we lost 1,490 children in America. In 2005 we lost 846 soldiers compared to 1,460 children in the U.S. One of those being my granddaughter, Kelsey. When you combine those two years we lost 1,255 more children than we did soldiers at war.

The state of Oklahoma leads our nation in the deaths of these children. We have more than 12,000 children living outside their homes in foster care and shelters. I am sure you will all agree that we need major changes. I hope you will join us as we try to make a difference one child at a time."

The statistics came from PCAO and casualties.org and could vary from other sites.



Many of us have been working on a "solution" for a long time. Those that are part of the "problem" won't respond. So now we have an outside, unbiased organization coming in and demanding changes be made. These are changes that will help the innocent children in our state, help to keep them safe, protected and alive....how can anyone offer that that is a bad thing? No one else will listen...Children's Rights did. Let them do what they came to do. The children of Oklahoma need them.
Personally I'm sick of hearing the same excuse as always...cost. That cost is nothing to what it is costing the children of Oklahoma, who are being tortured, beaten, raped and MURDERED!!

I'm praying for the Judge, that he is concerned enough about the children of Oklahoma to step up to the plate and do what is right for the innocence of our state.....the children.

That's fantastic Starla. I'm glad to hear you guys are politically active. What's next? You need to be active in legislative districts. You need to raise money. You need to fund the candidates who agree with you and will act on your behalf.

Let me be clear -- this lawsuit, while controversial is just a Hail Mary pass. I might even say it's not much more than a stunt. It'll get some attention in the papers, but ultimately, I think this case will be dismissed for failure to state a claim upon which relief can be granted.

This is an emotional issue, but the solution is not an emotional one. The solution is funding. The legislature determines funding.

I've looked over the websites of your cause. They seem to focus, almost entirely on single incidents rather than the root cause which is indifference in the political process. Somehow, you guys need to make the public aware that they have to play a part in this cause for anything to happen.

I don't like where this case is headed, and I sure don't envy the judges who have to sit on this case. They are going to be publicly vilified when this thing is dismissed because they followed the law. The people that need to be vilified are those in power in the legislature. They write the law, judges don't.

As far as the biases of an organization called "Children's Rights," I think the bias is pretty clear in the name of the organization. Unfortunately, the solution to the problem as I see it isn't in the courts.

While I understand what you are saying, I respectfully disagree. This organization has made a positive impact within the system in the states it has become involved in, and in fact has received praise from the social workers and employees within the system in those states that it has helped. I totally and respectfully disagree that this is any kind of stunt. This is the opportunity to make changes within our state that have been greatly needed for a very long time. Why is it that now, after Children's Rights have become involved that the state reps are just now authoring these bills? Where have they been when the children in our state have been continually abused, passed around within the system and many killed? Where have they been when they have been contacted numerous times to help save the children of Oklahoma? I believe their efforts now are just a bandaid, and the problems here in Oklahoma need more than a quick fix.
" Somehow, you guys need to make the public aware that they have to play a part in this cause for anything to happen. "

You are right, and that is what we are striving to do. I believe we will see great things from our efforts in the future.

I also don't believe that this case will be dismissed. This organization has been successful in the states that they have become involved in.

Midtown,

Are you suggesting we need to contribute to someone's campaign before they will listen to us? I personally campaign for the candidates in my area by giving my time. I my opinion they should be doing what is in the best interest of the public and money should not be the reason. That may be a bit old fashion and not the way politicians work these days and if that is really the case it is sad.

It is a shame that Children's Rights had to come here to file this lawsuit.

The fact is I personally have gone through the chain of command to get help. I started with the DHS caseworker, intake worker, supervisor, area director, several state assistants to the state director, the state director. every Senator, every Representative, the Attorney General, and the Governor. Several of us have attended the "open" DHS Commission meetings and requested to speak. We were turned down as the public cannot speak unless they are on the agenda. We requested to be on the agenda and was turned down. With little results the next obvious thing is to reach out to someone on the Federal level.

Don't get me wrong...several of our State Reps. and some State Senators were great and I appreciate them more than words can say. But the fact is we cannot simply put a band-aid on this situation. It needs a complete overhaul. Why wouldn't we welcome a team with experience to come in and make the needed changes? Wouldn't it save a major amount of time, energy, and money for our state? The lawsuit isn't asking for monetary compensation, simply reform.

You stated our website Kelsey's Purpose (http://www.kelseyspurpose.org) is about individual cases. We do post about individual cases along with the problems in general. Each case is different and cannot always be lumped with another. Often there is a similarity and that is the problem. Many cases are systematically being ignored and the problem must be addressed. Abuse initially starts with the parents and it is their responsibility to care for their children. When that doesn't happen and the state steps in we must have a system in place that will protect them and not bring them further harm either physicaly or mentally.

What I don't understand is why anyone would fight the chance to have our system improved. Why would anyone continue to think we have a good or even adequate system when we rank number one in the country for child abuse and neglect deaths? I would never want to see another family suffer the way ours has or that of another murdered child. But....those that have suffered the tragedy with abuse need to be heard so that it won't happen to you or your neighbor. If the victims of these crimes can fight to save other children after theirs is gone, I would think those lucky enough to have their children would not fight that chance.

Historically, Oklahoma's 'bubba' network has responded more readily to external prodding than to internal prompting.

County Commissioner kickbacks went on for decades before the DOJ stepped in and brought it to a halt. The last big cleanup at DHS, which led to Lloyd Rader's retirement, was brought on by outside forces, including a lawsuit. The main reason our prison system doesn't look completely like something out of a Dracula movie is because of the Bobby Battle lawsuit in the seventies.

And every time, people complained and moaned about the 'outside agitators' after our precious bodily fluids.

Hello I am a mother that has been thru alot with cps and there false accusations
I lost my kids and didnt even get trial do to the judge took to long to get attorney so I lost my rites

IMHO, the DHS has long been one of the most corrupt organizations in Oklahoma state government. The problem is how do you "fix" the situation?

Do you turn the DHS into a militant organization that starts grabbing kids for any and all reasons whatsoever just to increase the stats that say they are "doing" something? Do you just give everyone a blanket increase of, say, $100 per kid (never mind where it comes from) and say we've "done" something?

I don't think the system is easily fixed just because a lawsuit is filed. This system has been in place a long, long time, and I don't think it will be fixed overnight. I also want kids placed in safe, loving homes, but I also want loving, good parents left alone by the state.

Very difficult waters to tread.

-Soonerdave
I hope and pray that it will be fixed

im behind you 100%

I am all for the law suit are kids need to be safe protected and loved and they need there rites to

Midtown,

Are you suggesting we need to contribute to someone's campaign before they will listen to us? I personally campaign for the candidates in my area by giving my time. I my opinion they should be doing what is in the best interest of the public and money should not be the reason. That may be a bit old fashion and not the way politicians work these days and if that is really the case it is sad.

It's sad, but that's the way the state house operates. Some examples:

The prison industry, i.e., private prisons lobby very heavily. Consequently, they get significant state business.

In education, the schools themselves don't lobby, but the OEA? That's its prime directive. Consequently, the state's education system is set up more to benefit the OEA than the individual teachers and students.

One of the biggest lobbies in the state is that of the road contractors. Consequently, there are roads built where roads aren't needed and roads have over the years become a truly massive part of the state budget.

How about the children? Who speaks for them?

The money that the folks at the state capitol can dole out is finite and the squeaky wheel gets the grease. You guys are competing with paid professionals.

Just think -- a bill which would have made it impossible for injured wards of nursing homes to obtain nursing home records discussing unsafe conditions in the nursing home made it to the floor while DHS wasn't even talked about.

When you guys find an answer for unwanted kids and sick individuals, you let me know.

OKC Mallen, no hill is too steep to protect the children.

OKC Mallen, no hill is too steep to protect the children.

I see a lot of talk. I don't see a lot of action calculated to do anything.

When you guys find an answer for unwanted kids and sick individuals, you let me know.



Sterilization.

You are right about the lawsuit being the only way to bring about change. The reason we have to get outside help is because the inside people don't care. I know because I have had several of them tell me this. They don't care about the children they only want the money. It all works together you start with the crooked DHS workers getting aid from the crooked lawyers who then get help from the crooked judges. I have seen all of this first hand so nobody can tell me it doesn't happen. As soon as you point out the laws that they have broken they stick it to you more. Unless your child is really abused in the first place you will never get it back. They give back the abused kids because they are considered damaged goods and hard to adopt out. The ones that are not are never given back they are put up for adoption so they can get their Federal Bonus money. In 1999 they got 2 million dollars in 2007 they got 28 million dollars. As far as Howard Hendrick goes he is not about to turn loose of that gravy train he is in it for the money just like all the rest. Once a judge is assigned to a case that is it you are stuck nothing can pull him off unless he resigns himself. It doesn't matter how crooked he is there is nothing you can do until it is over then you can request an appeal. You can file a complaint with the bar but that still doesn't pull him off the case it doesn't matter how unethical or illegal he may be in his decisions. For anyone who thinks I am wrong about this feel free to call the bar center they will varify it for you.

Having had extensive dealings with the judge in your case, the charge that he is 'crooked' is utterly offensive and completely untrue.

It is possible that he got it wrong, but considering the fact that your daughter is spending time in the pokey for her disrespectful conduct, it doesn't sound like she put her best foot forward.

MALICIOUS PROSECUTION IS LEGAL IN THE STATE OF OKLAHOMA ACCORDING TO THE BAR ASSOCIATION. I JUST GOT A LETTER FROM THE BAR ASSOCIATION CONFIRMING IT. YET WE WONDER WHY OUR LEGAL SYSTEM IS SO CORRUPT. Hmmmmmmmmmmm

ACCORDING TO ME, MALICIOUS PROSECUTION IS ACTIONABLE, BUT NOT AGAINST A STATE AGENCY OR EMPLOYEE, EXCEPT AS A PRIVATE PERSON, BECAUSE BY DEFINITION, AN EMPLOYEE ACTING INTENTIONALLY AND MALICIOUSLY CANNOT BE ACTING WITHIN THE SCOPE OF HER EMPLOYMENT AND THEREFORE MUST BE SUED PERSONALLY. YOU ARE MISQUOTING THE BAR ASSOCIATION.

PLEASE.

http://www.gifsoup.com/view/54500/cut-it-out-o.gif

ACCORDING TO ME, MALICIOUS PROSECUTION IS ACTIONABLE, BUT NOT AGAINST A STATE AGENCY OR EMPLOYEE, EXCEPT AS A PRIVATE PERSON, BECAUSE BY DEFINITION, AN EMPLOYEE ACTING INTENTIONALLY AND MALICIOUSLY CANNOT BE ACTING WITHIN THE SCOPE OF HER EMPLOYMENT AND THEREFORE MUST BE SUED PERSONALLY. YOU ARE MISQUOTING THE BAR ASSOCIATION.

PLEASE.

http://www.gifsoup.com/view/54500/cut-it-out-o.gif So are you telling me that it is not the Bar Associations responsibility to investigate lawyers and prosecutors for perpetrating a fraud upon the court? Or a district attorney using his position to prosecute somebody when they have no evidence and know that the person is innocent? I am sorry I thought the Bar Association was where you reported stuff like this I thought they were the watchdogs over lawyers, judges, DA's etc.

Malicious prosecution is a criminal charge brought by the prosecutor. The bar association deals with disciplinary complaints. There could be some factual overlap but the bar association can't bring criminal charges and they can't put people in jail.

We have dealt with DHS Ok and have found that they lie in court and get away with. In our situation, the grandmother was trying to get custody of the child and DHS did everything they could to prevent it. She offered to take classes which they stated to the judge no matter how many classes she would take they would not let her have the child. When the childs lawyer finally got the grandmother to get the child until decison would be made for adopton. DHS only provided the grandmother less that $800 for emerency funding for 4 months, stating that the grandmother would have to take parenting classes to receive any money to help the child who was disabled. They stated that the money they received for the child would be put in a trust for her? Are you freaking kidding me? The grandmother never did recieve a dime from DHS. The child is also disabled and receive almost no therapy for her disability stating there is no funding or facilities near by to treat her. There idea of therapy was coming into the home and asking if the child could stack blocks, put shapes in holes and see you next month, a whole 30 minutes. The grandmother finally got custody of the child and moved out of the state and the state that she moved into has informed us that this child had access to unlimited therapy under the DISABILTY ACT and that her rights were violated. The child is almost 3 years old, no speech, doesn't walk, need glasses, dietician, etc. We are in the process of getting that now. We have already started teaching her sign language along with speech and she will walk if you hold on her hand like a new toddler trying to walk...this is disgusting what DHS did to her. This was one of the reasons she was taken from her mother, neglecting her needs as a disabled child and DHS Oklahoma continued this neglect.